People v. Roche

Defendant, Timothy Roche, was indicted on one count of reckless homicide (Ill. Rev. Stat. 1989, ch. 38, par. 9 — 3(a) (now 720 ILCS 5/9 — 3(a) (West 1992))). After the State had presented the bulk of its evidence at trial, the trial court declared a mistrial. The State proceeded to reprosecute defendant for the same offense. Defendant now appeals the trial court’s refusal to dismiss the indictment on double jeopardy grounds. Defendant claims that the mistrial was not the result of manifest necessity and that the trial court granted it without defendant’s consent.

On July 22, 1990,…